Moldovan cabinet toughens legal legal framework for disciplinary liability of judges

Chisinau, 23 May /MOLDPRES/ – The Cabinet of Ministers has approved today amendments and additions to the Law on disciplinary liability of judges. The project is part of so – called "little reform" of justice and is a conditionality for  €100 million macro – financial assistance of EU, the government’s communication and protocol department has reported.

The project aims to exclude vague interpretations of facts that constitute disciplinary misconduct of judges. The offence shall be considered "adoption of a court decision in which rights and fundamental freedoms of natural or legal persons have been violated intentionally or through gross negligence".

It is also established procedure for selecting members and substitute members of Disciplinary Board. They will examine disciplinary cases, both for judges in office and resigned for committed acts during exercise of mandate of the judge.

Similarly, the document provides for a review of the mechanism for examining disciplinary deviations. The notifications will be examined through a new simplified procedure with other deadlines. First, admissibility will be verified by an inspector – judge, and then by the Disciplinary board and not by the admissibility authority as it is now. This action also aims to strengthen role of judicial inspection.

The draft law was set for implementation of international recommendations on the disciplinary liability of judges, in particular the Venice Commission.

At the same meeting, Executive has approved establishment of transparent, merit-based procedures for selection of candidates for office of judge. Thus, in the selection of candidates to be appointed for first time in position of judge, average of competition will consist of at least 50 per cent of obtained mark on examination held before the Commission for graduation of the National Institute of Justice and no more than 50 per cent of the Score awarded by the Board for Selection.

Also, candidates for the position of judge, promotion to a higher court or transfer to another court will also be evaluated by the Superior Council of Magistracy (CSM). However, share of outcome of assessment of Council in contest average will not exceed 20 per cent.

It also establishes liability to hold a master's degree in law or other law study within the field, equivalent to it.

Related to dismissal of judges, it is proposed that judges which have been prosecuted must be suspended from office until it is delivered final judgment. If prosecution ceases or judge is acquitted, then he is reinstated.

Prime Minister, Pavel Filip, mentioned upon need to work with Parliament effectively as to approve the projects until ending of spring – summer session. "These two projects are much more vital than it would seem at first sight. We are also talking about disciplinary procedure and entry into system – things that are sure to make judges responsible. The judges must be not only independent but also responsible," said PM.